[Federal Register Volume 67, Number 152 (Wednesday, August 7, 2002)]
[Rules and Regulations]
[Pages 51115-51116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20071]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket 01-276; FCC 02-209]


Table of Allotments To Delete Noncommercial Reservation on 
Channel *16, 482-488 MHz, Pittsburgh, PA

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has before it a petition filed by WQED 
Pittsburgh (``QED''), licensee of noncommercial educational television 
stations WQED(TV), Channel *13 and WQEX(TV), Channel *16 in Pittsburgh, 
wherein it requests that the Commission dereserve Channel *16 and 
permit QED to sell the station to ShootingStar, a commercial entity. 
The Commission grants QED's request and permits QED to sell WQEX(TV) 
and use the proceeds to improve its financial condition, construct DTV 
facilities for its remaining station, and fund a permanent programming 
endowment.

DATES: Effective September 6, 2002.

FOR FURTHER INFORMATION CONTACT: Joyce Bernstein (202) 418-1600, Video 
Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order Amendment of the Television Table of Allotments to 
Delete Noncommercial Reservation on Channel *16, 482-488 MHz, 
Pittsburgh, Pennsylvania (``Report and Order''), MM Docket, 01-276, FCC 
02-209, adopted July 11, 2002 and released July 18, 2002. The full text 
of this Report and Order is available for inspection and copying during 
normal business hours in the FCC Reference Room, Room CY-A257, Portals 
II, 445 12th Street, SW., Washington, DC, and also may be purchased 
from the Commission's copy contractor, Vistronix, Inc.

Synopsis of Report and Order

    The Report and Order finds that QED remains in financial distress, 
that it has taken dramatic steps to improve its financial condition, 
including reducing its workforce by half and selling available assets, 
and that QED and its auditors both conclude that the sale of WQEX(TV) 
as a commercial station is crucial to QED's financial recovery. The 
Report and Order also concludes that the Pittsburgh area can no longer 
support both WQED(TV) and WQEX(TV), given its population decline, and 
the downward trend in

[[Page 51116]]

contributions to QED. On balancing the needs and abilities of QED, 
given its financial condition and the community from which it derives 
support, the Commission finds that the continued use of the second 
channel is no longer necessary to meet the educational, instructional 
and cultural needs of the Pittsburgh community, especially since upon 
dereservation and sale of WQEX(TV), and initiation of digital service, 
QED will be able to substantially increase the amount of free over-the-
air educational service.
    The Report and Order concludes that QED's circumstances are highly 
unique and that the public interest would be served by waiving the 
Commission's policy disfavoring dereservation. The Report and Order 
also concludes that the record supports waiver of the policy requiring 
that newly dereserved channels be made available for competing 
applications.

Procedural Matters

    The Commission has determined that the relevant provisions of the 
Regulatory Flexibility Act of 1980 do not apply to rule making proceeds 
to amend the TV and DTV Table of Allotments, Secs. 73.606 and 
73.622(b). See Certification that Sections 603 and 604 of the 
Regulatory Flexibility Act Do Not Apply to Rule Making to Amend 
Sections 73.202(b), 73.504, and 73.606(b) of the Commission's Rules, 46 
FR 11549, February 9, 1981.

Ordering Clauses

    The Commission further finds that unique public interest 
considerations and benefits support a waiver of the policy set forth in 
the Sixth Report and Order requiring that newly dereserved channels be 
made available for competing applications.
    It is further ordered, That pursuant to Section 316(a) of the 
Communications Act of 1934, as amended, the authorization of WQED 
Pittsburgh for station WQEX(TV) is modified to specify operation on 
Channel 16 in lieu of Channel *16.

List of Subjects 47 CFR Part 73

    Digital television broadcasting, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec. 73.606  [Amended]

    2. Section 73.606, the Table of TV Allotments under Pennsylvania is 
amended by removing Channel *16 at Pittsburgh and adding in its place 
Channel 16 at Pittsburgh.


Sec. 73.622  [Amended]

    3. Section 73.622(b), the Table of Digital Television Allotments 
under Pennsylvania is amended by removing Channel *26 at Pittsburgh and 
adding in its place Channel 26 at Pittsburgh.

[FR Doc. 02-20071 Filed 8-6-02; 12:45 pm]
BILLING CODE 6712-01-P